Polo Tycoon John Goodman in $46 Million Settlement for DUI Death

"They called me when the settlement was being done. They wanted a confidential agreement," Black told ABCNews.com. "I refused to allow my client to sign it. So we had a gentleman's agreement that we shouldn't mention it during trial."

Black said he told Smith and Searcy that if Goodman was convicted, he would disclose the settlement.

"We want to show the judge that Goodman was responsible," Black said.

The motion filed Monday in a Palm Beach County court, asked for a new trial or for Goodman's convictions to be overturned.

In the motion, an alternate juror reported the alleged instances of misconduct to Goodman's lawyers, saying "it was clear" to her the jurors had made up their minds before the end of the trial.

The defense claims that jurors "repeatedly disobeyed their oaths and instructions from the court" in several ways, including by discussing evidence before the end of the case, by making derogatory comments about Goodman's wealth throughout the trial, and by ignoring instructions about not reading media coverage of the case.

The defense also alleges that two jurors made false statements in order to cover up a juror's "prejudicial gesture" and that the same juror improperly began writing a book about the case during the trial.